Saving Hasankeyf: Limits and Possibilities of International Human Rights Law

2018 ◽  
Vol 25 (1) ◽  
pp. 11-34
Author(s):  
Bahar Aykan
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Ancient City ◽  
Grassroots Initiatives ◽  
International Human

Abstract:This article explores the limits and possibilities of international human rights law in protecting cultural heritage from state-led destruction. It does so by focusing on two attempts by activists and non-governmental organizations to have the United Nations and the Council of Europe intervene to save the ancient city of Hasankeyf in Turkey’s southeast region, which will soon be flooded by the reservoir waters of the Ilısu Dam. Adopting a heritage rights focus, these grassroots initiatives have argued that Hasankeyf’s destruction would constitute a violation of human rights because it would deprive people of their right to participate in, and benefit from, cultural heritage. I suggest that, as powerful attempts to link cultural heritage and human rights, these cases demonstrate the need for more effective and legally binding international frameworks to protect heritage rights as an aspect of human rights.

Torture Behind Bars

2020 ◽  
Author(s):  
Joshua N. Aston
Keyword(s):  
Human Rights ◽  
Police Force ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Regime ◽  
International Human Rights ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
International Human

Although considered an ancient concept, torture is still practised globally, and with more meticulousness and sophistication than ever before. Custodial violence refers to a form of torture that is experienced physically, psychologically, or emotionally in the custody of a lawful authority. The international legal regime on torture is an area of convergence between international human rights law and humanitarian law, both of which condemn torture in any form. Torture Behind Bars analyses the context of torture and ill-treatment of prisoners and crimes committed by the members of the police force. This may be in the form of custodial violence, or may begin from the point of detention and continue to the point of post-custody. The author reviews the role and accountability of the police force in India in the light of the reports of various national and international human rights committees, non-governmental organizations, and other independent reports. The book highlights several such cases which blatantly disregard the law meant for upholding the human rights and dignity of the individuals.

Temporalities of International Heritage Law

2019 ◽  
pp. 106-126
Author(s):  
Lucas Lixinski
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Significant Role ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Way

This chapter focuses on the way international heritage law applies across time, and the mismatch between community and state expectations of these relationships between heritage and time. While it often relies on time as a means to define heritage, international heritage law has in many respects a difficult relationship with Chronos. From the age of heritage down to the non-retroactivity of treaties which essentially resets the clock on a number of heritage disputes and injustices, the temporal application of international heritage law plays a significant role in shaping what is permissible heritage, and how the law addresses heritage. The chapter uses genocide’s relationship to cultural heritage as a means to examine how heritage plays roles before, during, and after major events, in ways that the law does not always capture constructively. Lastly, it queries the potential of international human rights law to address international heritage law’s shortcomings in this area.

Genital Autonomy, Children’s Rights, and Competing Rights Claims in International Human Rights Law

2012 ◽  
Vol 20 (4) ◽  
pp. 554-583 ◽  
Author(s):  
Debra L. DeLaet
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Cultural Rights ◽  
Age Of Consent ◽  
Non Governmental Organizations ◽  
Genital Cutting ◽  
International Human

Claims that genital autonomy should be considered a human right call into question medically unnecessary genital alterations, including genital cutting of both boy and girl children, the forced or coerced circumcision of adults, and surgical alterations performed on the genitals of intersex children prior to the age of consent. To date, global norms suggest only a narrow applicability of any right to genital autonomy. International organizations, states, and non-governmental organizations increasingly condemn genital cutting of girls and women but generally tolerate both the genital cutting of boys and men and the surgical alteration of the genitals of intersex children. In examining assertions that genital autonomy should be considered a human right, the article considers competing rights claims, including religious and cultural rights, parental rights, and contending perspectives on health rights. Ultimately, this article highlights the limitations of international human rights law as a tool for promoting a right to genital autonomy.

Part IV Procedural and Institutional Aspects, Ch.32 The Participation of Non-State Actors in the Implementation of Cultural Heritage Law

2020 ◽  
Author(s):  
Hausler Kristin
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Top Down ◽  
International Human Rights ◽  
Institutional Aspects ◽  
International Human ◽  
State Actors

This chapter assesses the treaty provisions allowing non-State actors to exercise their right to access and enjoy cultural heritage and also those which provide them with a seat at the cultural heritage governance table. Following developments in international human rights law, in particular with regard to Indigenous peoples, cultural heritage treaties have eventually recognised the participation of communities and groups in the management of cultural heritage. While a fully effective and inclusive participation and cooperation is far from being achieved, this chapter acknowledges the steps moving away from a strictly top-down approach within cultural heritage governance.

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